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Should USDA commodity /bonus foods become available; the Purchaser will negotiate with the Caterer in using foods according to state regulations. This agreement will be made a part of the food contract by an attached contract amendment. The Caterer shall keep full and accurate sales records of purchases and billings made in connection with this program. The Caterer will prepare and furnish any and all reports or other documentation requested by the Purchaser. All such records, reports and documentation shall be kept on file for seven (7) years after the last date covered by the contract. Authorized representatives of the Purchaser, NC Division of Aging and Adult Services, and United States Department of Health and Human Services shall have access to all Caterer's records for audit and review at a reasonable time and place with advance notice to the Caterer. The Caterer will be assessed quarterly (or more frequently, if needed) to evaluate food service, program operation, and food quality. The Purchaser reserves the right to meet with the Caterer as needed upon request. The Caterer will furnish needed food service training in sanitation, portion control, etc., to the program staff, location supervisors and volunteers once during the contract period if requested by Purchaser. The Caterer will provide services of a registered dietitian for any menu changes or food substitutions either made by Caterer or Program. The Caterer shall furnish the Program with documentation in a form acceptable to the Program certifying that the Caterer carries workmen's compensation, comprehensive insurance, bodily injury and property damage and liability insurance in such amounts as are acceptable to the Purchaser. This documentation must be received by the Purchaser by July 29, 2011. The Caterer shall be responsible for all fees, taxes, and licenses required to operate under this contract. The Caterer shall indemnify the Program against loss or damage, including any cost of litigation. The Caterer shall comply with Title IV and Title VI of the Civil Rights Act of 1964, in regard to employment practices and persons served. The Caterer shall not subcontract any portions of the contract to another food service company. The contract may be terminated by the Caterer giving the Program not less than one hundred twenty (120) days prior written notice of intention to terminate as of the date specified; or, by the Program giving the Caterer thirty (30) days prior written notice of intention to terminate. This condition shall in no way conflict with the cancellation provision stated earlier regarding non- delivery or delivery of non - wholesome meals or food borne illness of Program participants. The Caterer shall further have the capability, demonstrated through past experience, to implement the nutritional and logistical aspects necessary for the proper performance of the Program in accordance with the provisions of Title III of the Older Americans Act of 1965, as amended. Copies of the act referred to in this proposal may be obtained from the U.S. Government Printing Office or its local subsidiaries and branches. Federally regulated standards for this Nutrition Program and related information may be found in Federal Register Volume 45, Number 63, Part IV published Monday, March 31, 1980 and which can be obtained from most large public libraries. 13 Attachment number 3 G -2 Page 171